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(Posted Mon. Feb 29th, 2016)

The National Corn Growers Association today expressed disappointment in the U.S. Supreme Court’s decision not to review a lower court ruling allowing the Environmental Protection Agency to micromanage local land use and development decisions under the guise of the Clean Water Act.

While this action relates to the EPA’s so-called “blueprint” for restoring the Chesapeake Bay, it has national implications related to the power and reach of the federal government. The TMDL, or total maximum daily load, is an unlawful overreach of federal regulatory power, NCGA notes.

“The EPA has consistently pushed the legal limits of the Clean Water Act, with the Chesapeake Bay blueprint and the Waters of the U.S. (WOTUS) rule being two of the most recent examples,” said NCGA President Chip Bowling, who farms on the Chesapeake Bay watershed in southern Maryland.

“When Congress passed the Clean Water Act, their intention was to create balanced, practical policies to protect America’s water resources with a clear division of power between states and the federal government. In both of these cases, the EPA’s actions represent an unlawful expansion of their authority. That’s why we joined this petition on the Chesapeake Bay TMDL, and we are party to a lawsuit challenging the WOTUS rule,” said Bowling.

“We support the goals of the Clean Water Act, and we remain committed to working with the EPA and other stakeholders to protect our water resources.”